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BAR EXAMINATION 2008

POLITICAL LAW
07 September 2008

8 A.M. - 12 Noon
INSTRUCTIONS

This questionaire consists of seventeen (17) numbers contained in eight (8) pages. Read each question very carefully. Answer legibly, clearly and concisely.Start each number on a separate page; an answer to a
subquestion under the same number may be written continuously on the same page and on the immediately succeeding pages until completed. Do not repeat the question.
You will be given credit for your knowledge of legal doctrine and for the quality of your legal reasoning. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!

Signed DANTE O. TINGA


Chairperson
2008 Bar Examinations Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET


WARNING: NOT FOR SALE OR UNAUTHORIZED USE
POLITICAL LAW
-Ia.

The legal yardstick in determining whether usage has become customary international law is expressed in the maxim opinio juris sive necessitatis or opinio juris for short. What does the maxim mean? (3%)

b.

Under international law, differentiate "hard law" from "soft law".(3%)


- II -

May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why. (5%)
- III The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a case
involving the validity of the treaty abrogation is brought to the Supreme Court, how should it be resolved? (6%)

- IV Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or acquire private property for the redevelopment of slum areas, as well as to lease or resell the property to private developers to
carry out the redevelopment plan. Pursuant to the law, the NHA acquired all properties within a targeted badly blighted area in San Nicolas, Manila except a well-maintained drug and convenience store that poses no
blight or health problem itself. Thereafter, NHA sold all the properties it has thus far acquired to a private realty company for redevelopment. Thus, the NHA initiated expropriation proceedings against the store owner who
protested that his property could not be taken because it is not residential or slum housing. He also contended that his property is being condemned for a private purpose, not a public one, noting the NHA`s sale of the
entire area except his property to a private party. If you were the judge, how would you decide the case? (6%)
-VHaving received tips the accused was selling narcotics, two police officers forced open the door of his room. Finding him sitting partly dressed on the side of the bed, the officers spied two capsules on a night stand beside
the bed. When asked, " Are these yours?", the accused seized the capsules and put them in his mouth. A struggle ensued, in the course of which the officer pounced on the accused, took him to a hospital where at their
direction, a doctor forced an emetic solution though a tube into the accused's stomach against his will. This process induced vomiting. In the vomited matter were found two capsules which proved to contain heroin. In the
criminal case, the chief evidence against the accused was the two capsules.
a.

As counsel for the accused, what constitutional rights will you invoke in his defense? (4%)

b.

How should the court decide the case? (3%)


- VI -

The Philippine National Police (PNP) issued a circular to all its members directed at the style and length of male police officers' hair, sideburns and moustaches, as well as the size of their waistlines. It prohibits beards,
goatees and waistlines over 38 inches, except for medical reason. Some police officers questioned the validity of the circular, claiming that it violated their right to liberty under the Constitution. Resolve the controversy.
(6%)
- VII JC, a major in the Armed Forces of t\he Philippine, is facing prosecution before the Regional Trial Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC's) 15-year old daughter.
a.

Is JC entitled to bail? Why or why not? (3%)

b.

Assume that upon being arraigned, JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. JC then testified to the effect that he stabbled the deceased in selfdefense beacause the latter was strangling him and that he voluntarily surrendered to the authorities. Subsequently, the trial court rendered a decision acquittal violate JC's right against double jeopardy? Why
or why noy? (3%)
- VIII -

ST, a Regional Trial Court judge who falsified his Certificate of Service, was found liable by the Supreme Court for serious misconduct and inefficiency, and meted the penalty of suspension form office for 6 months.
Subsequently, ST filed a petition for executive clemency with the Office of the President. The Executive Secretary, acting on said petition issued a resolution granting ST executive clemency. Is the grant of executive
clemency valid? Why or why not? (6%)
- IX Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. After being proclaimed Vice-Governor in the 2004 elections, his opponent, Khalil, filed an election protest before the
Commission on Election. Ruling with finalty on the protest, the COMELEC declared Khalil as the duly elected Vice-Governor though the decision was promulgated only in 2007, when Abdul had fully served his 2004-2007

term and was in fact already on his 2007-2010 term as Vice Governor.
a.

Abdul now consults you if the can still run for Vice-Governor of Tawi-Tawi in the forthcoming May 2010 election on the premise that he could not be considered as having served as Vice-Governor from 20042007 because he was not duly elected to the post, as he assumed office merely as a presumptive winner and that presumption was later overturned when COMELEC decided with finality that had lost in the
May 2004 elections. What will be your advice? (3%)

b.

Abdul also consults you whether his political party can validly nominate his wife as subtitute candidate for Vice-Mayor of Tawi-Tawi in May 2010 elections in case the COMELEC disqualifies him and denies due
course to or cancels his certificate of candidacy in view of a false material representation therein.What will be your advice? (3%)
-X-

The 1st Legislative District of South Cotabato is composed of General Santos and three municipalities including Polomolok. During the canvassing proceedings before the District Board of Canvassers in connection with
the 2007 congressional election, candidate MP objected to the certificate pf canvass for Polomolok on the ground that it was obviously manufactured, submitting as evidence the affidavit of a mayoralty candidate of
Polomolok. The certificate of canvass for General Santos was likewise objected to by MP on the basis of the confirmed report of the local NAMFREL that 10 election returns from non-existent precincts were included in
the certificate. MP moved that the certificate of canvass for General Santos be corrected to exclude the the result from the non-existent precincts. The District Board of Canvassers denied both objections and ruled to
include the certificate of canvass. May MP appeal the rulings to the COMELEC? Explain. (6%)
- XI On August 8, 2008 the Governor of Bohol died and Vice-Governor Cesar succeeded him by operation of law. Accordingly, Benito, the highest ranking member of the Sangguniang Panlalawigan was elevated to the
position of Vice-Governor. By the elevation of Benito to the office of Vice-Governor, a vacancy in the Sangguniang Panlalawigan was created.
How should the vacancy be filed? (3%)
- XII The Mayor of San Jose City appointed his wife, Amelia, as City Treasurer from among tree (3) employees pf the city considered for the said position. Prior to said promotion, Amelia had been an Assistant City Treasurer
for ten (10) years, that is, even before she married the City Mayor. Should the Civil Service Commission approve the promotional appointment of Amelia? Why or why not? (6%)
- XIII Congress enacted a law establishing the right to trial by jury of an accused charged with a felony or offense punishable with reclusion perpetua or life imprisonment. The law provides for the qualification of prospective jury
member, the guidelines to be observed by the judge and the lawyers in jury selection including the grounds for challenging the selection of jury member, and t\he methodology for jury deliberations. Is the law
constitutional? Explain fully. (7%)
- XIV In 1963, congress passed a law creating a government-owned corporation named Manila War Memorial Commission (MWMC), with the primary function of overseeing the construction of a massive memorial in the heart
of Manila to commemorate victim of the 1945 Battle of Manila
The MWMC charter provided an initial appropriation of P1,000,000, empowered the corporation to raise funds in its own name, and set aside a parcel of land in Malate for the memorial site. The charter set the corporate
life of MWMC at 50 years with a proviso that Congress may not abolish MWMC until after the completion of the memorial.
Forty-five (45) years later, the memorial was only 1/3 complete and the memorial site itself had long been overrun by quatters. Congress enacted a law abolishing the MWMC and requiring that the funds raised by it be

remitted to the National Treasury. The MWMC challenged the validity of the law, arguing that under its charter its mandate is to complete the memorial no matter how long it takes. Decide with reason. (6%)
- XV The principal of Jaena High School, a public school wrote a letter to the parents and guardians of all the school's pupils, informing them that the school was willing to provide religious instruction to its Catholic students
during class hours, through a Catholic priest. However, students who wished to avail of such religious instruction needed to secure the consent of their parents and guardians in writing.
a.

Does the offer violate the constitutional prohibition againts the establishment of religion? (3%)

b.

the parents of evangelical Christian students, upon learning of the offer, demanded that they too be entitled to have their children instructed in their own religious faith during class hours. The principal, a devout
Catholic, rejected the request. As counsel for the parents of the evangelical students, how would you argue in support of their position? (3%)
- XVI -

Nationwide protest have erupted over rising gas prices, including disruptive demonstrations in many universities throughout the country. The Metro Manila State University, a public university, adopted a university-wide
circular prohibiting public mass demonstrations and rallies within the campus. Offended by the circular,militant students spread word that on the following Friday, all students were to wear black T-shirt as a symbols of their
protest both against high gas prices and the university ban on demonstrations. The effort was only moderately successful, with around 30% of the students heeding the call. Nonetheless, university officials were outraged
and compelled the students leaders to explain why they should not be expelled for violating the circular against demonstrations.
The student leaders approached you for legal advice. They contended that they should not be expelled since they did not violate the circular, their protest action being neither a demonstrator nor a rally since all they did
was wear black T-shirts. What would you advise the students? (6%)
- XVII As a reaction to the rice shortage and the dearth of mining engineers. Congress passed a law requiring graduates of public science high school henceforth to take up agriculture or mining engineering as their college
course. Several students protested, invoking their freedom to choose their profession. Is the law constitutional? (6%)
NOTHING FOLLOWS.

BAR EXAMINATION 2006


POLITICAL AND PUBLIC INTERNATIONAL LAW
3 September 2006

8 A.M. - 12 Noon
INSTRUCTIONS

This questionnaire consists of ten (10) numbers contained in seven (7) pages. Read each question very carefully. Answer legibly, clearly, and concisely. Start each number on a separate page; an answer to a sub-question
under the same number may be written continuously on the same page and immediately succeeding pages until completed. Do not repeat the question. A mere "Yes" or "No" answer without any corresponding discussion
will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!

Signed ANGELINA S. GUTIERREZ


Chairperson
20006 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET


WARNING: NOT FOR SALE OR UNAUTHORIZED USE
POLITICAL AND PUBLIC INTERNATIONAL LAW
-I1.

What do you mean by the "Calling-out Power" of the President under Section 18, Article VII of the Constitution? 5%

2.

On February 24, 2006, President Gloria Macapagal-Arroyo issued Proclamation No.1017 declaring a state of national emergency. Is this Proclamation constitutional? Explain. 2.5%

3.

During the effectivity of this Proclamation, Gener, Lito, and Bong were arrested by the police for acts of terrorism. Is the arrest legal? Explain. 2.5%

- II The Samahan Ng Mga Mahihirap (SM) filed with the Office of the City Mayor" of Manila an application for a permit to hold a rally on Mendiola Street on September 5, 2006 from 10:00 a.m. to 3:00 p.m. to protest the
political killings of journalists. However, the City Mayor denied their application on the ground that a rally at the time and place applied for will block the traffic in the San Miguel and Quiapo Districts. He suggested the
Liwasang Bonifacio, which has been designated a Freedom Park, as venue for the rally.
1.

Does the SM have a remedy to contest the denial of its application for a permit? 2.5%

2.

How should a wage distortion be settled?

3.

Does the availability of a Freedom Park justify the denial of SM's application for a permit? 2.5%

4.

Assuming that despite the denial of SM's application for a permit, its members hold a rally, prompting the police to arrest them. '- Are the arrests without judicial warrants lawful? 2.5%
- III -

The President issued Proclamation No.1018 placing the Philippines under Martial Law on the ground that a rebellion staged by lawless elements is endangering the public safety .Pursuant to the Proclamation, suspected
rebels were arrested and detained and military tribunals were set up to try them. Robert dela Cruz, a citizen, filed with the Supreme Court a petition questioning the validity of Proclamation No.1018.
1.

Does Robert have a standing to challenge Proclamation No.1018? Explain. 2.5%

2.

In the same suit, the Solicitor General contends that under the Constitution, the President as Commander-in-Chief, determines whether the exigency has arisen requiring the exercise of his power to declare
Martial Law and that his determination is conclusive upon the courts. How should the Supreme Court rule? 2.5%

3.

The Solicitor General argues that, in any event, the determination of whether the rebellion poses dangers to public safety involves a question of fact and the Supreme Court is not a trier of facts. What should be
the ruling of the Court? 2.5%

4.

Finally, the Solicitor General maintains that the President reported to Congress such proclamation of Martial Law, but Congress did not revoke the proclamation. What is the effect of the inaction of Congress on
the suit brought by Robert to the Supreme Court? 2.5%
- IV -

State whether or not the following laws are constitutional. Explain briefly.
1.

A law prohibiting Chinese citizens from engaging in retail trade. 2%

2.

A law denying persons charged with crimes punishable by reclusion perpetua or death the right to bail. 2%

3.

A law fixing the terms of local elective officials, other than barangay officials, to 6 years. 2%

4.

A law changing the design of the Philippine flag. 2%

5.

A law creating a state corporation to exploit, develop, and utilize compressed natural gas. 2%
-V-

1.

What is the function of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal? 2.5%

2.

What is the composition of each? 2.5%

3.

Differentiate an election protest from an action for quo warranto. 2.5%

4.

What is a quasi-judicial body or agency? 2.5%


- VI -

1.

a) What is the principal identifying feature of a presidential form of government? Explain. 2.5%
b) What are the essential characteristics of a parliamentary form of government? 2.5%

2.

What Constitutional provisions institutionalize the principle of civilian supremacy? 2.5%

3.

Does a Permit to Carry Firearm Outside Residence (PTCFOR) constitute a property right protected by the Constitution? 2.5%
- VII -

Select the best answer and explain.


1.

2.

An accused's right against self-incrimination is violated in the following cases: 5%


a.

When he is ordered by the trial court to undergo a paraffin test to prove he is guilty of murder;

b.

When he is compelled to produce his bankbooks to be used as evidence against his father charged with plunder;

c.

When he is ordered to produce a sample of his handwriting to be used as evidence that he is the author of a letter wherein he agreed to kill the victim;

d.

When the president of a corporation is subpoenaed to produce certain documents as proofs he is guilty of illegal recruitment.

The legislature may abolish this body: 5%


a.

Commission on Appointments

b.

Ombudsman

c.

Judicial and Bar Council

d.

Court of Tax Appeals

e.

Commission on Audit
- VIII -

1.

Atty. Emily Go, a legitimate daughter of a Chinese father and a Filipino mother, was born in 1945. At 21, she elected Philippine citizenship and studied law. She passed the bar examinations and engaged in
private practice for many years. The Judicial and Bar Council nominated her as a candidate for the position of Associate Justice of the Supreme Court. But her nomination is being contested by Atty .Juris
Castillo, also an aspirant to the position. She claims that Atty. Emily Go is not a natural-born citizen, hence, not qualified to be appointed to the Supreme Court. Is this contention correct? 5%

2.

Atty. Richard Chua was born in 1964. He is a legitimate son of a Chinese father and a Filipino mother. His father became a naturalized Filipino citizen when Atty .Chua was still a minor . Eventually, he studied
law and was allowed by the Supreme Court to take the bar examinations, subject to his submission to the Supreme Court proof of his Philippine citizenship. Although he never complied with such requirement,
Atty. Chua practiced law for many years until one Noel Eugenio filed with the Supreme Court a complaint for disbarment against him on the ground that he is not a Filipino citizen. He then filed with the Bureau
of Immigration an affidavit electing Philippine citizenship. Noel contested it claiming it was filed many years after Atty. Chua reached the age of majority. Will Atty. Chua be disbarred? Explain. 5%
- IX -

1.

Where is the seat of the International Court of Justice? 1%

2.

How many are its members? 1 %

3.

What is the term of their office? 1 %

4.

Who is its incumbent president? 1 %

5.

What is his/her nationality? 1 %

6.

In 1980, the United States filed with the International Court of Justice a complaint against Iran alleging that the latter is detaining American diplomats in violation of International Law. Explain how the
International Court of Justice can acquire jurisdiction over these contending countries. 5%
-X-

1.

How is state sovereignty defined in International Law? 2.5%

2.

Is state sovereignty absolute? 2.5%

3.

What is the principle of auto-limitation? 2.5%

4.

What is the relationship between reciprocity and the principle of auto-limitation? 2.5%

NOTHING FOLLOWS.

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